Transfer of Property Act Section 112 — Waiver of forfeiture

CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY — Illustration to clause (f)

General

Summary

If a landlord chooses to give up the right to end a lease because of a forfeiture, that right is lost if the landlord accepts rent that became due after the forfeiture happened, or takes any other action showing they intend to keep the lease going. This only applies if the landlord knew the forfeiture had occurred. However, if the landlord accepts rent after already starting a court case to evict the tenant for that forfeiture, that acceptance does not count as giving up the right.

Official Text

A forfeiture under section 111, clause (g) is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any other act on the part of the lessor showing an intention to treat the lease as subsisting:

Provided that the lessor is aware that the forfeiture has been incurred:

Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture; such acceptance is not a waiver.